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  • THE CITIZENSHIP DEBATE: CAA & NRC
  • CITIZENSHIP Debate Caa NRCRupa Publications India Private Limited - DL
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THE CITIZENSHIP DEBATE: CAA & NRC

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From the Publisher

Public Law

Q. Do you feel the Citizenship (Amendment) Act has been misinterpreted or do you think its intent is indeed misplaced?

Amit Malviya: The Citizenship (Amendment) Act was long due and is in response to a tremendously felt need. In fact, this progressive, humanitarian legislation has been delayed seven decades, despite several commitments made by India’s leaders at the time of independence and immediately thereafter. How could a law that is meant to give fast-tracked citizenship to a persecuted group of people, who have been seeking protection against and refuge from tyrannical religious majority harm anyone in India?

Salman Khurshid: Legally it is undoubtedly flawed. Given the political background and publicly expressed intent, the impermissible classification becomes evident.

Public Law

Q. What, according to you, is the real aim of the Citizenship (Amendment) Act?

Amit Malviya: India’s partition, on the basis of religion, brought untold misery and religious persecution of minorities in Pakistan (West and East), and later Bangladesh. Immediately north, Afghanistan has become a centre of religious extremism and Muslim fundamentalism, and minorities are mercilessly targeted by Islam-inspired terrorists. Pakistan, Bangladesh and Afghanistan have systematically and mercilessly oppressed and purged their religious minorities. This is the obvious and self-evident reason why we need the Citizenship (Amendment) Act. India, the cradle of Indic civilization, is inherently a plural society, which has a civilizational responsibility towards these persecuted minorities.

Public Law

Salman Khurshid: It is obvious that particular religious communities in neighbouring countries are intended to be given the benefit but that was possible to give to any oppressed or persecuted person from those countries under the unamended law. It is for that reason that the objective of the Amendment becomes suspect.

Q. A lot of times historical events are cited to show consistency in the pattern of decision-making by political leadership. Do you think there is a need for the political leadership of modern India (across parties) to consciously reorient itself more towards the future than towards the past?

Amit Malviya: Those who ignore history and the lessons of history tend to repeat the mistakes made in the past. We should let the ‘dead past bury its dead’, as the poet Longfellow urged, but we better learn from history before we bury the past. The history of any country has valuable lessons for society and future generations.

The collective consciousness of any civilization is shaped over years and we would be failing in our duty if we did not recognize how society has been shaped over centuries. A future built both on the foundation of historical truths and present realities can indeed create a bountiful and peaceful future. We must not shy away from the past. We also better not postpone decisions worrying that correcting present ills would be baneful because we have to find evidence from the past to justify our action now.

Salman Khurshid: Most certainly. We cannot be captives of our past. An enlightened, progressive outlook requires legislative recognition of a refugee policy that is humanitarian and which would address the concern that is cited as justification for the new law.

Q. Do you think the Partition contributes to a conflicted history—and conflicted emotions between religious communities in India?

Amit Malviya: There is no denying the fact that India’s Partition was one of twentieth century’s biggest political tragedies. Religious polarisation was at the heart of Partition. The scars from those deadly years are difficult to erase and would remain difficult to erase as long as we continue to bury that past in heaps of lies, careless asides and political gamesmanship. It is only appropriate if we collectively recognize our past, commit not to repeat the same mistakes, and invest in a shared future.

Salman Khurshid: Sadly, Partition is sought to be revived in the public perception, although we has steered ourselves far beyond it. There are some sad memories of Partition but many promising and inspiring stories as well. It is for the post-Partition generations to take a call on whether we should celebrate the strength of inclusive India or continue to agonize about those who left for a mistaken and misplaced search for fulfilment.

Q. What is your take on India’s culture of protest?

Amit Malviya: People should rise up in protest when there is oppression, and when there is a threat to their life and livelihood. But protests as a means to undermine legitimate action and the will of a duly elected government or in the pursuit of illegitimate gains and power should be put down briskly, quickly. Protests to weaken duly elected governments that are carrying out the mandate of the people weaken the foundation of the state, undermine society, and lead to violence and war. Dr Ambedkar’s famous ‘Grammar of Anarchy’ speech advocates constitutional methods for achieving social and economic objectives and warns against the bloody methods of revolution, mischievous civil disobedience and debilitative non-cooperation.

Salman Khurshid: All democracies are about dialogue and disagreement. Public discourse that includes periodic electoral mandates is not entirely subsumed in election results. Participatory democracy entails respect for the electoral majority but robust assertion of constitutionally protected rights. This is not an import from western models but intrinsic to the Indian way of life. Yet, governments and law-enforcing agencies often overlook the critical balance between rights of individuals and society our Constitution provides. Our instincts in government are not as liberal as the Preamble states. The young often get impatient with lack of tolerance and accommodation, as we have seen recently. It is important that we do not suffer their loss of faith in the system.

Product description

About the Author

AMIT MALVIYA, a former banker, is currently the National Head–Information & Technology of the Bharatiya Janata Party. SALMAN KHURSHID is an Indian politician, designated senior advocate, eminent author and a law teacher.

Product details

  • Publisher ‏ : ‎ Rupa Publications India
  • Publication date ‏ : ‎ 10 August 2020
  • Language ‏ : ‎ English
  • Print length ‏ : ‎ 200 pages
  • ISBN-10 ‏ : ‎ 9389967988
  • ISBN-13 ‏ : ‎ 978-9389967982
  • Item Weight ‏ : ‎ 222 g
  • Dimensions ‏ : ‎ 13 x 1.27 x 19.7 cm
  • Country of Origin ‏ : ‎ India
  • Net Quantity ‏ : ‎ 1.0 Count
  • Importer ‏ : ‎ Rupa Publications India, 7/16 Ansari Road Delhi
  • Packer ‏ : ‎ Rupa Publications India, 7/16 Ansari Road Delhi
  • Generic Name ‏ : ‎ Books
  • Best Sellers Rank: #407,578 in Books (See Top 100 in Books)
  • Customer Reviews:
    4.5 out of 5 stars (57)

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4.5 out of 5 stars
57 global ratings

Top reviews from India

  • 5 out of 5 stars
    Must read
    Reviewed in India on 13 November 2020
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    A must read book for everyone to understand both sides of the CAA

    3 people found this helpful
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  • 5 out of 5 stars
    Comparative positions
    Reviewed in India on 20 July 2021
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  • 5 out of 5 stars
    CAA AND NRC
    Reviewed in India on 28 December 2020
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    A very good book clears all the doubt

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